Sierra Club v. United States Environmental Protection Agency
The Third Circuit granted a petition to review EPA's approval of Pennsylvania's proposed NAAQS for ozone. An environmental group argued the standards wrongly claimed to reduce pollution output at the state's most advanced coal-burning power plants while "simply rubberstamping an average of current p...
POET Biorefining, LLC v. Environmental Protection Agency
The D.C. Circuit denied in part and dismissed in part a petition to review EPA's guidance concerning the process of certifying cellulosic biofuel. A biofuel company argued the guidance was a legislative rule that was invalidly promulgated without notice and comment, conflicted with the regulation it...
New Jersey v. Wheeler
A district court granted states' motion for summary judgment in a lawsuit concerning EPA's duty to limit air pollution drifting from upwind states into northeastern states. Connecticut, Delaware, Massachusetts, New Jersey, and New York argued that EPA failed to fulfill a nondiscretionary duty under ...
Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.
The Fifth Circuit vacated and remanded a lower court decision that imposed penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas. Environmental groups filed a CAA citizen suit against the company, alleging violations that occurred thousands of...
New York v. Environmental Protection Agency
The D.C. Circuit vacated EPA's denial of New York's petition concerning cross-border pollution from nine upwind states. The state had asked EPA to find that power-generating and other facilities in the nine states were violating the CAA's "good neighbor" provision by producing emissions that contrib...
Clean Wisconsin v. Environmental Protection Agency
The D.C. Circuit granted in part and denied in part petitions to review EPA's attainment designations for its 2015 ozone NAAQS. Environmental groups, municipal governments, and the state of Illinois argued that the Agency failed to follow its own scientific and technical record when it decided that ...
National Parks Conservation Ass'n v. North Dakota Department of Environmental Quality
The North Dakota Supreme Court affirmed a lower court ruling upholding the North Dakota Department of Environmental Quality's issuance of an air quality permit to construct a refinery. A conservation group argued the Department's omission of an enforceable permit limit for hazardous air pollutants (...